claim of instructional error (Georgia) · Go Syfert
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claim of instructional error in Georgia

8 Georgia opinions name it 1 courts 2018–2023 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Woodard v. Stategreen
ga · 2015 · cited in 4 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Where a claim of instructional error is made, we examine the *98 jury charge as a whole, see Woodard v. State , 296 Ga. 803 , 771 S.E.2d 362 (2015).

2019Where a claim of instructional error is made, we examine the *98 jury charge as a whole, see Woodard v. State , 296 Ga. 803 , 771 S.E.2d 362 (2015).

24
Frazier v. Stategreen
ga · 2020 · cited in 1 Georgia opinions naming this issue, 2023–2023
1 sentence

2023This Court generally treats as moot a claim of instructional error that only affects a count that has not resulted in a conviction because of acquittal or merger. 25 309 Ga. at 229 (3).

11
Blackwell v. Stategreen
ga · 2018 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022Consequently, as Smith concedes, this claim of instructional error may be reviewed for plain error only. 9 See OCGA § 17-8-58 (b); Blackwell v. State, 302 Ga. 820, 822 (2) (809 SE2d 727) (2018).

2022Consequently, as Smith concedes, this claim of instructional error may be reviewed for plain error only. 9 See OCGA § 17-8-58 (b); Blackwell v. State, 302 Ga. 820, 822 (2) (809 SE2d 727) (2018).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Kelly green
ga · 2011
2 sentences

2018See OCGA § 17-8-58 (b) ; Kelly , 290 Ga. at 32 , 718 S.E.2d 232 .

2018See OCGA § 17-8-58 (b) ; Kelly , 290 Ga. at 32 , 718 S.E.2d 232 .

22018–2018

Statutes the citing opinions construe

GA § 17-8-58 (5) GA § 17-3-2 (4) GA § 16-5-3 (3) GA § 24-4-404 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 598 (1991–2026) MI 105 (1996–2026) CT 85 (1989–2026) MO 56 (1988–2025) OR 10 (2011–2016) WA 9 (2013–2025) GA 8 (2018–2023) IN 6 (1999–2016) DC 6 (1995–2025) NM 5 (2022–2026) ID 2 (2025–2025) KS 2 (2012–2025) MT 2 (2001–2014) WY 2 (2009–2017) FL 2 (2002–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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